ibendu hashimu vs republic 2022 tzca 231 2 may 2022
The appellant had sufficient time to cool off after alleged provocation; attack was deliberate, using a lethal weapon on sensitive parts, evidencing malice aforethought; defence of provocation not tenable; prosecution proved murder beyond reasonable doubt; improperly admitted exhibits expunged but oral testimony sufficed.
- Citation
- ibendu hashimu vs republic 2022 tzca 231 2 may 2022
- Parties
- Appellant: Ibendu Hashimu; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 May 2022
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Provocation, Admissibility of Evidence, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ibendu Hashimu
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the prosecution proved murder beyond reasonable doubt
- 2 Whether the defence of provocation was properly considered and rejected
- 3 Whether improperly admitted exhibits affected the conviction
Ratio Decidendi
The appellant had sufficient time to cool off after alleged provocation; attack was deliberate, using a lethal weapon on sensitive parts, evidencing malice aforethought; defence of provocation not tenable; prosecution proved murder beyond reasonable doubt; improperly admitted exhibits expunged but oral testimony sufficed.
Court Disposition
appeal dismissed
Orders
- conviction for murder upheld
- sentence of death by hanging affirmed
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